Loading...
HomeMy WebLinkAbout2018-46 Establishing Fees for the Registration of Short Term Rental Properties RESOLUTION NO. 46 SERIES 2018 A RESOLUTION OF THE VAIL TOWN COUNCIL ESTABLISHING FEES FOR THE REGISTRATION OF SHORT-TERM RENTAL PROPERTIES WHEREAS, on December 4, 2018, the Town Council adopted Ordinance No. 19, Series 2018, which ordinance will be codified as Chapter 14 of Title 4 of the Vail Town Code and requires registration of all short-term rental properties in the Town; and WHEREAS, the Town Council wishes to establish the applicable fees for the registration of short-term rental properties in the Town. NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL: Section 1. Pursuant to Vail Town Code § 4-14-4(B), the fees for the registration of a short-term rental property ("STR") in the Town shall be as follows: • Professionally managed STR providing onsite management services 24 hours per day, 7 days per week: $5 • Professionally managed STR without on-site management services 24 hours per day, 7 days per week: $10 • STR managed by an owner without a professional property management firm: $150. Section 2. Each STR requires a separate registration fee, regardless of whether the registration is made by list pursuant to Vail Town Code § 4-14-4(A). Section 3. The registration fee shall be paid upon the initial application for STR registration and with each renewal application. INTRODUCED, READ, APPROVED AND ADOPTED THIS 4th day of December, 2018. 'nave Ch- •in, Mayor' Ask TEST: ageTown erk 1 12/6/2018 C.IUSERSITNAGEL APPDATAILOCALIMICROSOFTIWINDOWSIINETCACHEICONTENT.OUTLOOKITIXS6FG51RESOLUTION 46-STR FEES REVISED.DOCX AGREEMENT FOR SERVICES THIS AGREEMENT FOR SERVICES (the "Agreement") is made and entered into this 8th day of October, 2018 (the "Effective Date"), by and between the Town of Vail, 75 South Frontage Road, Vail, CO 80657, a Colorado home rule municipal corporation (the "Town"), and Ewing Trucking and Construction LLC, an independent contractor with a principal place of business at 28 2nd Street, Unit 212, Edwards, CO 81632 ("Contractor") (each a "Party" and collectively the "Parties"). WHEREAS, the Town requires services; and WHEREAS, Contractor has held itself out to the Town as having the requisite expertise and experience to perform the required services. NOW THEREFORE, for the consideration hereinafter set forth, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: I. SCOPE OF SERVICES A. Contractor shall furnish all labor and materials required for the complete and prompt execution and performance of all duties, obligations, and responsibilities which are described or reasonably implied from the Scope of Services set forth in Exhibit A, attached hereto and incorporated herein by this reference. B. A change in the Scope of Services shall not be effective unless authorized as an amendment to this Agreement. If Contractor proceeds without such written authorization, Contractor shall be deemed to have waived any claim for additional compensation, including a claim based on the theory of unjust enrichment, quantum merit or implied contract. Except as expressly provided herein, no agent, employee, or representative of the Town is authorized to modify any term of this Agreement, either directly or implied by a course of action. II. TERM AND TERMINATION A. This Agreement shall commence on the Effective Date, and shall continue until Contractor completes the Scope of Services to the satisfaction of the Town, or until terminated as provided herein. B. Either Party may terminate this Agreement upon 30 days advance written notice. The Town shall pay Contractor for all work previously authorized and completed prior to the date of termination. If, however, Contractor has substantially or materially breached this Agreement, the Town shall have any remedy or right of set-off available at law and equity. III. COMPENSATION In consideration for the completion of the Scope of Services by Contractor, the Town shall pay Contractor $110.00 per hour trucking. This amount shall include all 1 10/22/2018 11VWS-STORAGEIDESKTOPS$ITNAGELIDESKTOP12018 HAULING EWING TRUCKING AND CONSTRUCTION.DOCX fees, costs and expenses incurred by Contractor, and no additional amounts shall be paid by the Town for such fees, costs and expenses. Contractor shall not be paid until the Scope of Services is completed to the satisfaction of the Town. IV. RESPONSIBILITY A. Contractor hereby warrants that it is qualified to assume the responsibilities and render the services described herein and has all requisite corporate authority and licenses in good standing, required by law. B. The work performed by Contractor shall be in accordance with generally accepted practices and the level of competency presently maintained by other practicing contractors in the same or similar type of work in the applicable community. The work and services to be performed by Contractor hereunder shall be done in compliance with applicable laws, ordinances, rules and regulations. C. The Town's review, approval or acceptance of, or payment for any services shall not be construed to operate as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement. V. OWNERSHIP Any materials, items, and work specified in the Scope of Services, and any and all related documentation and materials provided or developed by Contractor shall be exclusively owned by the Town. Contractor expressly acknowledges and agrees that all work performed under the Scope of Services constitutes a "work made for hire." To the extent, if at all, that it does not constitute a "work made for hire," Contractor hereby transfers, sells, and assigns to the Town all of its right, title, and interest in such work. The Town may, with respect to all or any portion of such work, use, publish, display, reproduce, distribute, destroy, alter, retouch, modify, adapt, translate, or change such work without providing notice to or receiving consent from Contractor. VI. INDEPENDENT CONTRACTOR Contractor is an independent contractor. Notwithstanding any other provision of this Agreement, all personnel assigned by Contractor to perform work under the terms of this Agreement shall be, and remain at all times, employees or agents of Contractor for all purposes. Contractor shall make no representation that it is a Town employee for any purposes. VII. INSURANCE A. Contractor agrees to procure and maintain, at its own cost, a policy or policies of insurance sufficient to insure against all liability, claims, demands, and other obligations assumed by Contractor pursuant to this Agreement. At a minimum, Contractor shall procure and maintain, and shall cause any subcontractor to procure and maintain, the insurance coverages listed below, with forms and insurers acceptable to the Town. 2 10/22/2018 11VWS-STORAGEIDESKTOPS$ITNAGELIDESKTOP12018 HAULING EWING TRUCKING AND CONSTRUCTION.DOCX 1. Worker's Compensation insurance as required by law. 2. Commercial General Liability insurance with minimum combined single limits of $1,000,000 each occurrence and $1,000,000 general aggregate. The policy shall be applicable to all premises and operations, and shall include coverage for bodily injury, broad form property damage, personal injury (including coverage for contractual and employee acts), blanket contractual, products, and completed operations. The policy shall contain a severability of interests provision, and shall include the Town and the Town's officers, employees, and contractors as additional insureds. No additional insured endorsement shall contain any exclusion for bodily injury or property damage arising from completed operations. B. Such insurance shall be in addition to any other insurance requirements imposed by law. The coverages afforded under the policies shall not be canceled, terminated or materially changed without at least 30 days prior written notice to the Town. In the case of any claims-made policy, the necessary retroactive dates and extended reporting periods shall be procured to maintain such continuous coverage. Any insurance carried by the Town, its officers, its employees, or its contractors shall be excess and not contributory insurance to that provided by Contractor. Contractor shall be solely responsible for any deductible losses under any policy. C. Contractor shall provide to the Town a certificate of insurance as evidence that the required policies are in full force and effect. The certificate shall identify this Agreement. VIII. INDEMNIFICATION Contractor agrees to indemnify and hold harmless the Town and its officers, insurers, volunteers, representative, agents, employees, heirs and assigns from and against all claims, liability, damages, losses, expenses and demands, including attorney fees, on account of injury, loss, or damage, including without limitation claims arising from bodily injury, personal injury, sickness, disease, death, property loss or damage, or any other loss of any kind whatsoever, which arise out of or are in any manner connected with this Agreement if such injury, loss, or damage is caused in whole or in part by, the act, omission, error, professional error, mistake, negligence, or other fault of Contractor, any subcontractor of Contractor, or any officer, employee, representative, or agent of Contractor, or which arise out of a worker's compensation claim of any employee of Contractor or of any employee of any subcontractor of Contractor. IX. ILLEGAL ALIENS A. Certification. By entering into this Agreement, Contractor hereby certifies that, at the time of this certification, it does not knowingly employ or contract with an illegal alien who will perform work under this Agreement and that Contractor will participate in either the E-Verify Program administered by the U.S. Department of Homeland Security and Social Security Administration or the Department Program 3 10/22/2018 11VWS-STORAGEIDESKTOPS$ITNAGELIDESKTOP12018 HAULING EWING TRUCKING AND CONSTRUCTION.DOCX administered by the Colorado Department of Labor and Employment to confirm the employment eligibility of all employees who are newly hired to perform work under this Agreement. B. Prohibited Acts. Contractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement, or enter into a contract with a subcontractor that fails to certify to Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement. C. Verification. 1. If Contractor has employees, Contractor has confirmed the employment eligibility of all employees who are newly hired to perform work under this Agreement through participation in either the E-Verify Program or the Department Program. 2. Contractor shall not use the E-Verify Program or Department Program procedures to undertake pre-employment screening of job applicants while this Agreement is being performed. 3. If Contractor obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with an illegal alien who is performing work under this Agreement, Contractor shall: notify the subcontractor and the Town within 3 days that Contractor has actual knowledge that the subcontractor is employing or contracting with an illegal alien who is performing work under this Agreement; and terminate the subcontract with the subcontractor if within 3 days of receiving the notice required pursuant to subsection 1 hereof, the subcontractor does not stop employing or contracting with the illegal alien who is performing work under this Agreement; except that Contractor shall not terminate the subcontract if during such 3 days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien who is performing work under this Agreement. D. Duty to Comply with Investigations. Contractor shall comply with any reasonable request by the Colorado Department of Labor and Employment made in the course of an investigation conducted pursuant to C.R.S. § 8-17.5-102(5)(a) to ensure that Contractor is complying with the terms of this Agreement. E. Affidavits. If Contractor does not have employees, Contractor shall sign the "No Employee Affidavit" attached hereto. If Contractor wishes to verify the lawful presence of newly hired employees who perform work under the Agreement via the Department Program, Contractor shall sign the "Department Program Affidavit" attached hereto. 4 10/22/2018 11VWS-STORAGEIDESKTOPS$ITNAGELIDESKTOP12018 HAULING EWING TRUCKING AND CONSTRUCTION.DOCX X. MISCELLANEOUS A. Governing Law and Venue. This Agreement shall be governed by the laws of the State of Colorado, and any legal action concerning the provisions hereof shall be brought in Eagle County, Colorado. B. No Waiver. Delays in enforcement or the waiver of any one or more defaults or breaches of this Agreement by the Town shall not constitute a waiver of any of the other terms or obligation of this Agreement. C. Integration. This Agreement constitutes the entire agreement between the Parties, superseding all prior oral or written communications. D. Third Parties. There are no intended third-party beneficiaries to this Agreement. E. Notice. Any notice under this Agreement shall be in writing, and shall be deemed sufficient when directly presented or sent pre-paid, first class U.S. Mail to the party at the address set forth on the first page of this Agreement. F. Severability. If any provision of this Agreement is found by a court of competent jurisdiction to be unlawful or unenforceable for any reason, the remaining provisions hereof shall remain in full force and effect. G. Modification. This Agreement may only be modified upon written agreement of the Parties. H. Assignment. Neither this Agreement nor any of the rights or obligations of the Parties hereto, shall be assigned by either Party without the written consent of the other. I. Governmental Immunity. The Town and its officers, attorneys and employees, are relying on, and do not waive or intend to waive by any provision of this Agreement, the monetary limitations or any other rights, immunities, and protections provided by the Colorado Governmental Immunity Act, C.R.S. § 24-10-101, et seq., as amended, or otherwise available to the Town and its officers, attorneys or employees. J. Rights and Remedies. The rights and remedies of the Town under this Agreement are in addition to any other rights and remedies provided by law. The expiration of this Agreement shall in no way limit the Town's legal or equitable remedies, or the period in which such remedies may be asserted, for work negligently or defectively performed. K. Subject to Annual Appropriation. Consistent with Article X, § 20 of the Colorado Constitution, any financial obligation of the Town not performed during the current fiscal year is subject to annual appropriation, shall extend only to monies currently appropriated, and shall not constitute a mandatory charge, requirement, debt or liability beyond the current fiscal year. 5 10/22/2018 11VWS-STORAGEIDESKTOPS$ITNAGELIDESKTOP12018 HAULING EWING TRUCKING AND CONSTRUCTION.DOCX IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective Date. ,,,A135** TOWN OF VAIL, COLORADO i '9(....* / /.- Greg Cliftrefi, To Manager , / (:0- 4-x- ATTEST. :(, f4Nv14, ,i A a . „4,,, co _ 0 . 14- co Patty M enn , Town •RASEQ CCONTRACTOR etA,:i By: STATE OF COLORADO ) ) ss. COUNTY OF Eco p ) The foregoing instrument was subscribed, sworn to and acknowledged before me this, day of .Q.ryn w" , 2018, by (2:o.'r' - ztiJi n' as 60-4' of wv r►g(uc.k.i ns My commission expires: c 141aoe,a N (SEAL) 41omb, 411111. ----Q TAMMY NAGEL Notary ' . • is NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20014025024 MY COMMISSION EXPIRES FEB.24,2Q22 6 10/22/2018 IIVWS-STORAGEIDESKTOPS$ITNAGELIDESKTOP12018 HAULING EWING TRUCKING AND CONSTRUCTION.DOCX EXHIBIT A SCOPE OF SERVICES Contractor's Duties During the term of this Agreement, Contractor shall perform the following duties, as directed by the Town: On call for hauling of Snow, Cinders, Sand Salt Mixture, with a tractor trailer end dump or anything else that might come up in an emergency situation within 24 hours for the Town of Vail Public works Street Department, Vail, CO. and Provide a rate sheet for all other equipment and labor From November 1st 2018 thru October 31st 2019 which are incorporated herein by reference. / • 1111111114111.1 Catrinitisa T&M RATE SHEET 2018 Town of Vail EQUIPMENT RATE/HOUR CATERPILLAR D-9N DOZER $ 250.00 JOHN DEERE 850K DOZER $ 165.00 JOHN DEERE 700H DOZER $ 130.00 JOHN DEERE 450ELC EXCAVATOR $ 300.00 JOHN DEERE 350G EXCAVATOR $ 225.00 JOHN DEERE 245GLC EXCAVATOR $ 210.00 JOHN DEERE 200CLC EXCAVATOR $ 165.00 JOHN DEERE 135G EXCAVATOR $ 150.00 JOHN DEERE 60G MINI-EXCAVATOR $ 135.00 JOHN DEERE 410E BACKHOE $ 115.00 JOHN DEERE 744K LOADER $ 150.00 JOHN DEERE 644K LOADER $ 130.00 JOHN DEERE 644G LOADER $ 120.00 JOHN DEERE 250 SKIDSTEER $ 90.00 CATERPILLAR 299D SKIDSTEER $ 110.00 JOHN DEERE 862B SCRAPER $ 165.00 JOHN DEERE 772D BLADE $ 155.00 JOHN DEERE 872GP BLADE $ 165.00 HAMM COMPACTOR $ 125.00 MIKASA ROLLER $ 90.00 STREET SWEEPER $ 95.00 WATER TRUCK $ 95.00 TRACTOR&TRAILER/END or BELLY DUMP $ 110.00 7 10/22/2018 IIVWS-STORAGEIDESKTOPS$ITNAGELIDESKTOP12018 HAULING EWING TRUCKING AND CONSTRUCTION.DOCX TRACTOR&LOWBOY $ 135.00 TRACTOR& LOWBOY-OVERSIZE $ 145.00 TANDEM TRUCK $ 95.00 PICKUP/TRAILER $ 100.00 GRADING INSTRUMENT $ 80.00/Day TAMPER $ 110.00/Day LIGHT PLANT $ 150.00/Day STEEL ROAD PLATES $ 100.00/Day TRENCH BOX $ 150.00/Day MISCELLANEOUS TOOLS $ 100.00/Day 2"PUMP $ 200.00/Day 3"PUMP $ 250.00/Day 4"PUMP $ 300.00/Day SUPERVISOR $ 85.00 OPERATOR $ 75.00 LABORER $ 65.00 MATERIALS USED Cost+ 15% DUMP FEES Cost+ 15% RENTALS Cost+ 15% updated 4/25/18 * Office: (970) 926-2770 * Fax: (970) 926-4736 * Email: bart@ewingtrucking.com 8 10/22/2018 11VWS-STORAGEIDESKTOPS$ITNAGELIDESKTOP12018 HAULING EWING TRUCKING AND CONSTRUCTION.DOCX DEPARTMENT PROGRAM AFFIDAVIT (To be completed only if Contractor participates in the Department of Labor Lawful Presence Verification Program] , as a public contractor under contract with the Town of Vail (the "Town"), hereby affirm that: 1. I have examined or will examine the legal work status of all employees who are newly hired for employment to perform work under this public contract for services ("Agreement") with the Town within 20 days after such hiring date; 2. I have retained or will retain file copies of all documents required by 8 U.S.C. § 1324a, which verify the employment eligibility and identity of newly hired employees who perform work under this Agreement; and 3. I have not and will not alter or falsify the identification documents for my newly hired employees who perform work under this Agreement. ___a 7 // - 5-- / S Signature Date STATE OF COLORADO ) ) ss. COUNTY OF Oc,cO � ) The foregoing instrument was subscribed, sworn to and acknowledged before me this day of " 2016 by as C x�✓ of g.w*,>-- TrJGlc.; ,., My commission expires: 1.0aDlla � (SEAL) Notary Public TAMMY NAGEL NOTARY PUBLIC STATE OF COLORADO NOTARY ID 200145024 MY COMMISSION EXPIRES FEB.24,2022 10 10/22/2018 IIVWS-STORAGEIDESKTOPS$1TNAGELIDESKTOP12018 HAULING EWING TRUCKING AND CONSTRUCTION.DOCX